Courts & Justice · Report · File No. 261106-583
Democrats, now in control of Congress, could revive Supreme Court term-limit and ethics bills
Democrats are expected to hold both chambers in January, and they have bills ready on Supreme Court ethics and term limits. The Senate's 60-vote rule and President Trump's signature still stand in the way.
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Democrats may now push their long-stalled plans to change the Supreme Court. They won the House and Senate in Tuesday's midterm elections, CBS News reports. The plans include term limits for justices and an enforceable ethics code. 1
Democrats are expected to hold at least 54 Senate seats and at least 250 House seats, according to CBS News. That would let them take up bills that had no chance in the Republican-led Congress. The party has not yet released its legislative priorities. 1
Jeffries signals court reform is a priority
House Democratic Leader Hakeem Jeffries is expected to be elected speaker in January. In a letter announcing his bid, he named the court as one of his priorities. 1
We must root out corrupt price gouging, clean up the mess at the Supreme Court and ban Members of Congress from trading stocks,
Jeffries said in August on NBC's "Meet the Press" that "dramatic" reform is needed. He said Rep. Jamie Raskin of Maryland, who will likely lead the House Judiciary Committee, would take the lead. A Raskin spokesperson did not immediately comment. 1
From Channel GOPJamie Raskin: 'Welcome to a new eraJamie Raskin · 135 plays · captioned, with the source named
What is on the table
On ethics, Sen. Sheldon Whitehouse of Rhode Island reintroduced a bill in May 2025. It would require the court to adopt an ethics code and a process for handling misconduct complaints. It would also require disclosure of gifts to justices. Rep. Hank Johnson of Georgia introduced a House companion bill. 1
The court adopted its own code of conduct in November 2023. It has no enforcement mechanism, which is why critics want Congress to act. 1
On term limits, several House bills would set 18-year terms for justices. Whitehouse and other Senate Democrats introduced a similar 18-year bill last month. Under it, a president would nominate a justice every other year, according to The Washington Post. 12
There's constant and building dismay about the increasingly appalling record of the court,
A constitutional amendment from Maryland Democratic Rep. Johnny Olszewski would force justices with more than 18 years on the court to retire. Chief Justice John Roberts, Justice Samuel Alito and Justice Clarence Thomas have each served longer than that. 1
Another bill, from Texas Democratic Rep. Al Green, would expand the court from nine seats to 13. Jeffries has said he can't "foreclose on any single one" of the options. 12
The obstacles
The House could pass changes on its own. Most bills need 60 votes in the Senate, though, and Democrats will hold between 54 and 56 seats. It is also unclear whether Mr. Trump would sign any court-reform law. 1
A constitutional amendment is harder still. It needs two-thirds of both chambers, then approval by three-fourths of the states. 1
Conservatives oppose the push. Mike Fragoso, a former chief counsel to Sen. Mitch McConnell, told The Washington Post that the "reforms" come "because the left doesn't like the decisions coming out of the Court." 2
Gabe Roth of the advocacy group Fix the Court said Congress could also look at the lower federal courts. He pointed to recent misconduct allegations against some judges. 1
That matters because Democrats have campaigned on court reform for years. The first test will be which bills reach the House floor, and whether any can get past the Senate's 60-vote rule. 12
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Sources
- CBS News, “Democrats could dust off plans for court reforms after capturing Congress” (2026-11-06). cbsnews.com/news/democrats-house-senate-supreme-court-reform
- The Washington Post (via Minnesota Lawyer), “Angry at the Supreme Court, liberals push a slew of plans for overhauling it” (2026-08-17). minnlawyer.com/2026/08/17/democrats-push-plans-to-overhaul-s
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